The Act requires local authorities to involve people in assessments, care and support planning, and reviews.
In order to facilitate the involvement of people who would otherwise have difficulty, it introduces a new requirement to arrange independent advocacy for people who either have substantial difficulty in being involved in these processes or in being fully involved in these processes, and there is no one available to act on the person's behalf.
There is also a separate requirement to arrange independent advocacy in connection with safeguarding enquiries and reviews.
This relates to the independent advocacy section of the regulations and guidance for implementation of part one of the Care Act in 2015/16.
Programme-funded support
Commissioning independent advocacy guide
This guide seeks to:
- help commissioners understand the approach to commissioning promoted by the Care Act
- explain how to apply some of the principles of good commissioning developed by the Commissioning for Better Outcomes project at the University of Birmingham
- provide commissioners with a list of essential tasks to effective commissioning of advocacy under the Care Act.
This updated guide, originally published in October 2014, now includes additional case studies.
The Care Act: commissioning independent advocacy
Provider: Social Care Institute for Excellence (SCIE)
Commissioning independent advocacy: self-assessment tool
This product seeks to help councils avoid a fill in the blanks approach to specification documents for commissioners. It aims to encourage best practice in commissioning and full engagement with local people and organisations. Developed with both the Institute for Public Care (IPC) and the National Development Team for Inclusion (NDTi), the tool builds on the IPC's tool used in their Commissioning and Procurement for public care postgraduate course.
Version 1 of the self-assessment tool is now available online.
Care Act Commissioning independent advocacy self-assessment tool for commissioners
Provider: SCIE
Version 1 published October 2014
Version 2: expected Spring 2015
Independent advocacy under the Care Act 2014 - Winterbourne Joint Improvement Programme
A short briefing document has been written in response to requests from providers of advocacy services to support the work of the Winterbourne View Joint Improvement Programme (JIP), and in particular to support a series of regional advocacy workshops being run by the JIP.
Independent advocacy under the Care Act 2014 - care and support providers
A short briefing document has been written in response to requests from providers of advocacy services that will be of interest to all advocacy organisations.
SCIE's Mental Capacity Act (MCA) Directory
The MCA is a strongly ambitious law, designed to support and to enhance the rights of people who may lack mental capacity. Any of us may lack capacity at a given time, so it is a law of tremendous scope and importance. The MCA Directory developed by the Social Care Institute for Excellence, supported by the Department of Health, helps to raise awareness about the MCA, including the Deprivation of Liberty Safeguards. You will find useful information and various tools to help understand or implement it. There is also material here for people who may be subject to the Act's provisions, and for professionals from a range of backgrounds. There are links to leading blogs in this area, as well as to the Social Care Online database of research and journals.
Mental Capacity Act directory
Provider: SCIE
Learning and development resources
Commissioning Care Act advocacy research report
In 2016, the Universities of Birmingham and Central Lancashire were commissioned by the Social Care Institute for Excellence (SCIE) to undertake a rapid appraisal of how advocacy was being commissioned in relation to the Care Act and to identify positive practice. Early studies examining implementation, had indicated that referrals were lower than expected and that many of those potentially eligible for advocacy under the Care Act were not benefiting from it. In December 2016, SCIE launched additional resources to support good practice in commissioning Care Act Advocacy.
Commissioning Care Act advocacy: a work in progress
Provider: SCIE
Independent advocacy overview slide pack
This slidedeck explains:
- what is independent advocacy?
- when the duty applies
- an appropriate person
- the role of the independent advocate.
Provider: Skills for Care
Independent advocacy overview slide pack
Independent advocacy training materials
A set of resources have been developed to support the training of independent advocates. It has been created to help training providers deliver training to equip the independent advocates in their roles under the Care Act 2014 and to support the vocation qualifications provided through City and Guilds. The pack provides:
and offers the trainer a range of exercises that reflect different learning styles, teaching methods and experiences
aimed at advocates undertaking the City and Guilds vocational qualifications that provides more detailed information and references to help the individual advocate develop understanding of key areas and their role.
For local authorities who are looking to arrange or commission training and for training providers who want to show their commitment and contribution to improving the quality of adult social care, we draw attention to the Skills for Care Endorsement Framework which is a mark of quality for trainers in the adult social care sector.
The City and Guilds provides vocation qualifications for independent advocacy which are provided by approved centres.
Presentations
Conversation between SCIE and Surrey County Council at NCAS 2014 on advocacy and DoLs
Resource
Health complaints advocacy providers